(a) Any order or decision issued by the director under this
law, except an order or decision under section fifteen of this
article is subject to judicial review by the circuit court of the
county in which the mine affected is located or the circuit court
of Kanawha County upon the filing in such court or with the judge
thereof in vacation of a petition by any person aggrieved by the
order or decision praying that the order or decision be modified or
set aside, in whole or in part, except that the court shall not
consider such petition unless such person has exhausted the
administrative remedies available under this law and files within
thirty days from date of such order or decision.

(b) The party making such appeal shall forthwith send a copy
of such petition for appeal, by registered mail, to the other
party. Upon receipt of such petition for appeal, the director
shall promptly certify and file in such court a complete transcript
of the record upon which the order or decision complained of was
issued. The court shall hear such petition on the record made
before the director. The findings of the director, if supported by
substantial evidence on the record considered as a whole, shall be
conclusive. The court may affirm, vacate or modify any order or
decision or may remand the proceedings to the director for such
further action as it may direct.

(c) In the case of a proceeding to review any order or
decision issued by the director under this law, except an order or
decision pertaining to an order issued under subsection (a),
section fifteen of this article or an order or decision pertaining to a notice issued under subsection (b), section fifteen of this
article, the court may, under such conditions as it may prescribe,
grant such temporary relief as it deems appropriate pending final
determination of the proceedings if:

(A) All parties to the proceeding have been notified and given
an opportunity to be heard on a request for temporary relief;

(B) The person requesting such relief shows that there is a
substantial likelihood that the person will prevail on the merits
of the final determination of the proceeding; and

(C) Such relief will not adversely affect the health and
safety of miners in the coal mine.

(d) The judgment of the court is subject to review only by the
supreme court of appeals of West Virginia upon a writ of certiorari
filed in such court within sixty days from the entry of the order
and decision of the circuit court upon such appeal from the
director.

(e) The commencement of a proceeding under this section shall
not, unless specifically ordered by the court, operate as a stay of
the order or decision of the director.

(f) Subject to the direction and control of the attorney
general, attorneys appointed for the director may appear for and
represent the director in any proceeding instituted under this
section.